150 N.Y.S. 329 | N.Y. App. Div. | 1914
In 1910 the relator was appointed clerk to Mr. Justice Gerard, whom he continued to serve until September, 1913, when Mr. Justice Gerard resigned. Some time thereafter the relator was appointed by Mr. Justice Weeks as his clerk. The
Prior to 1895 there was no legislative recognition of the office of clerk to a justice of the Supreme Court in the First Judicial District. Until that date section 93 of the Code of Civil Procedure provided that the judges of certain courts in this State, including justices of the Supreme Court within the First Judicial District, might, “ upon the request of any judge, designate one of the said court attendants to also act as clerk and secretary of such judge, for such time as they may designate.” (See Laws of 1892, chap. 669, amdg. Code Civ. Proc. § 93.) By section 5 of chapter 553 of the Laws of 1895 it was provided that “Each of the justices of the Supreme Court in the first judicial district, elected or transferred to said court, * * * shall appoint and at pleasure remove a clerk to such justice.” Section 11 of the same act provided that “Each of the officers hereinbefore named shall perform such additional duties as the said Appellate Division shall direct and be subject to such rules and regulations as shall be made by the said Appellate Division.” (See, also, Laws of 1895, chap. 959, and Laws of 1908, chap. 379.)
By the Judiciary Law (Consol. Laws, chap. 30; Laws of 1909, chap. 35) all of the foregoing acts, including section 93 of the Code of Civil Procedure, were repealed, except section 11, above quoted. Subdivision 1 of section 160 of the Judiciary Law provides as follows: “Each of the justices of the Supreme Court in the first judicial district shall appoint and at pleasure remove a clerk to such justice.” (See, also, Laws of 1911, chap. 404, amdg. Judiciary Law, § 160,- subd. 1.)
The Public Officers Law (Consol. Laws, chap. 47 [Laws of 1909, chap. 51], § 2) provides that “ The term ‘ State officer ’ includes * * *> justices of the Supreme Court, * * * and every officer, appointed by one or more State officers, or by
The order should be affirmed, with ten dollars costs and disbursements.
Clarke, Sgott and Dowling, JJ., concurred; Ingraham, P. J., dissented.
Order affirmed, with ten dollars costs and disbursements.